SUPREME COURT OF INDIA

Before:- Ruma Pal and C.K. Thakker, JJ.

Civil Appeal No. 2578 of 2005. (Arising out of SLP(C) No. 13779 of 2004) D/d. 11.4.2005.

Kendriya Vidyalaya Sangathan - Appellant

Versus

R.V. Palde & others - Respondents

Ex-parte award passed by Labour Court - Application to recall order rejected on the ground that Labour Court becomes functus officio if application to recall not made within 30 days of publication of award - High Court also rejecting appellant's challenge to refusal of Labour Court to recall ex parte award on the ground that it was not a fit case interfered under Article 227 - Held, order of High Court unsustainable - Labour Court does not become functus officio after making of award without notice would be a nullity.

[Para ]

Cases Referred :-

Anil Sood v. Labour Court-II, (2001) 10 SCC 534.

ORDER

Ruma Pal, J. - Leave granted.

2. The Labour Court passed an ex parte award. The appellant made an application for setting aside the ex parte award. The application was rejected by relying upon decisions of the Delhi High Court in 1996 LLR 296 and 1996 LLR 717 to the effect that the Labour Court becomes functus officio if the application for recall is not moved within 30 days of publication of award in the Government Gazette. The appellant?s challenge to the refusal of the Labour Court to recall its ex parte award was rejected by the High Court on the ground that it was not a fit case to interfere under Article 227.

3. The decision of the High Court is unsustainable. The decision of the Labour Court in rejecting the application for recall should have been held to be wrong in view of the decision of this Court in Anil Sood v. Labour Court-II, (2001) 10 SCC 534. where this Court has, in fact, held that the Labour Court does not become functus officio after making of the award and that an award without notice would be a nullity.

4. We, therefore, set aside the impugned decision of the High Court as well as the decision of the Labour Court dated 31-1-2002. The dispute referred will now be disposed of by the Labour Court after hearing the appellant. The Labour Court will dispose of the matter as expeditiously as possible and, if possible, within a period of six months from the date of receipt of this Court?s order.

5. The appeal is accordingly allowed.

Appeal allowed.